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Oregon Motion to Quash a Subpoena

File and serve before the compliance date, and no more than 14 days after service (ORCP 55 A(7))

Find out where you stand in Oregon

What kind of subpoena are you dealing with?

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Introduction

ORCP 55 A(7) lets a subpoenaed party or person move to quash or modify. File and serve the motion before the date set to appear or produce, but not more than 14 days after service. Do not ignore the subpoena.

Key Things to Know

  1. 1

    The rule is Oregon Rule of Civil Procedure 55 (Subpoena), section A(7): a party or person that is subpoenaed may move to quash or move to modify the subpoena.

  2. 2

    The motion must be filed with the court and served on the issuing party before the date set to appear or produce, but not more than 14 days after the date the subpoena was served (ORCP 55 A(7)).

  3. 3

    The standard is that the subpoena is unreasonable and oppressive. The court may quash or modify it, or require the serving party to pay the reasonable costs of compliance (ORCP 55 A(7)).

  4. 4

    Do not ignore the subpoena. The motion must be filed and served before the date set to appear or produce (ORCP 55 A(7)).

  5. 5

    A protective order for good cause is also available under ORCP 36 C(1): annoyance, embarrassment, oppression, or undue burden or expense. ORCP 36 C(2) applies the ORCP 46 A(4) expense-award provisions to those motions.

  6. 6

    A subpoena issues from the court where the action is pending (ORCP 55 A(2)). For a subpoena on an out-of-state case, ORCP 38 C has the clerk in the county of discovery issue it, and the motion goes to that county's court, where filing counts as an appearance (ORCP 38 C(5)).

  7. 7

    A document-only subpoena must be served on all non-defaulted parties at least 7 days before service on the recipient, with at least 14 days to produce (ORCP 55 C(3)). Confidential health information has its own notice rules (ORCP 55 D). ORCP 55 A(7) states no conference requirement; check the UTCR for any conferral rule.

Key decisions before you file

Before you file a Motion to Quash in Oregon, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.

Open the Motion to Quash guide

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Oregon Requirements for Motion to Quash

  • ORCP 55 A(7) motion to quash or modify

    A party or person that is subpoenaed may move to quash or move to modify the subpoena under ORCP 55 A(7).

  • 14-day outer deadline

    The motion must be filed with the court and served on the issuing party before the date set to appear or produce, but not more than 14 days after the subpoena was served (ORCP 55 A(7)).

  • Unreasonable and oppressive standard

    The court may quash or modify a subpoena that is unreasonable and oppressive, or require the serving party to pay the reasonable costs of compliance (ORCP 55 A(7)).

  • Protective order for good cause

    ORCP 36 C(1) allows a protective order for good cause against annoyance, embarrassment, oppression, or undue burden or expense.

  • Document-only subpoena notice

    Service on all non-defaulted parties at least 7 days before service on the recipient, with at least 14 days allowed for production (ORCP 55 C(3)).

  • Confidential health information notice

    ORCP 55 D requires 14 days of written notice to the patient to object, a qualified protective order or declaration, and sealed envelope handling.

  • County of discovery for foreign subpoenas

    For a subpoena issued on an out-of-state case, the motion is submitted to the court in the county where discovery is to be conducted, and filing is an appearance (ORCP 38 C(5)).

  • Cost-shifting and expense awards

    The court may require the serving party to pay reasonable costs of compliance (ORCP 55 A(7)); ORCP 36 C(2) applies ORCP 46 A(4) expense awards to protective-order motions.

Frequently Asked Questions